2002-888
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2002-888
AN ORDINANCE AMENDING SECTION 405 OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code, Section 405 Property
Maintenance Code, is hereby amended to read as follows:
Section 405 - Property Maintenance Code
405.01. International Property Maintenance Code Adopted.
Subd. 1. The tJ.:1tion.J.l Property tbinten.J.nce Code ("NPHC") ,
1993 Edition, International Property Maintenance Code
(IPMC), 2000 Edition, published by the Building Offici.J.18
.J.nd Code l\dminiotr.J.toro Intern.J.tion.J.l, Inc. ("BOC1\") ,
International Code Council, Inc., is adopted by reference,
subject to the changes set forth in Subd. 2, below.
Subd. 2. For the purposes of this Section .J.nd Section
4-G--=l-, the BOC1\ NPHC IPMC is amended .J.nd re7i8ed in the
follo~ing reopect8 as follows:
(.J.) Section PHI01.1 io .J.mended by inoerting "City
of Hopkin8" ',:i thin the br.J.cket8.
(b) Section PH106.2 i8 deleted in ito entirety.
(c) Section8 PH107,1, 107.2, 107.3 .J.nd 107.4 .J.re
deleted in their entirety.
(d) Section PH110.1 i8 .J.mended by deleting the
',:ord "8h.J.ll" in the fir8t line .J.nd inoerting the
',:ord "m.J.Y".
(e) Section PH 111.0 i8 delcted in its entirety.
(f) Section PH304.5 i8 .J.mended by deleting the
entire pro7i8ion .J.nd in8erting the follo~ing
l.J.ngu.J.ge in i to pl.J.ce: 1\11 e]cterior ;,:.J.118 8h.J.ll
be free from hole8, bre.J.k8, loo8e or rotting
m.J.teri.J.18; .J.nd m.J.int.J.ined ~e.J.therproof .J.nd
properly :JUrf.J.ce cO.J.ted 'dhere required to pre7ent
deterior.J.tion. Without limiting the gener.J.lity of
thi8 8ection, .J. protecti7e 8urf.J.ce of .J. building
8h.J.ll be deemed to be out of rep.J.ir if:
(1) The protecti7e 8urf.J.ce i8 p.J.int which i8
bli8tercd to .J.n extent of more th.J.n t',,'enty
fi7e percent (25%) of the ~re~ of ~ny pl~ne
or w~ll or other ~re~ including windo~ trim,
cornicc membero, porch r~ilingo ~nd other
::JUch ~re~:J;
(2)Morc th~n t~enty fi7e percent (25%) of
the fini:Jh co~t of ~ otucco ',;~ll io ',;orn
through or chipped ~',l~y.
(g) Section PM301.12 io ~mended by in:Jerting in
thi:J order thc following d~teo in the br~ckct:J:
M~y 1 Octobcr 1
(h) Section PM405.9 i:J ~mended by deleting the
entire pro7ioion ~nd inocrting the following
l~ngu~gc in i t:J pl~cc: Minimum Room Width:J: l'~
h~bit~blc room, other th~n ~ kitchen, :Jh~ll not
be le:J:J th~n oe7en (7) fect in ~ny pl~n
dimen:Jion. Kitchcno oh~ll h~7c ~ cle~r p~:J:J~gew~y
of not le8:J th~n thirty (30) inche:J between
countcrfronto ~nd ~ppli~nceo or counterfront:J ~nd
',;~llo .
(i) Section PM602.2 io ~mended by deleting the
number "65" ~nd inoerting the number "68" ~nd by
deleting thc numbcr "18" ~nd in:Jcrting the number
"19".
(j) Section PM602.22.1 i:J ~mended by in:Jerting in
thi:J ordcr the follm;ing d~te:J in the br~ckct:J:
October 1 M~y 15
(k) Section PM602.3 io ~mended by inoerting in
thi:J order thc follm;ing d~teo in the br~ckct:J:
October 1 H~y 15
(1) Section PM702.12 io ~mended by deleting the
entire provi:Jion ~nd in:Jerting in it:J pl~cc the
follm;ing l~ngu~ge: E7ery :Jleeping room loc~ted
below the fourth :Jtory or in ~ b~:Jcment :Jh~ll
h~7e ~t lc~ot one open~ble ~indo~ or exterior
door ~pprovcd for emergency egre:J:J or re:Jcue; or
:Jh~ll h~7c ~cce:J:J to not le:J:J th~n t~o ~ppro7ed
independent exit:J.
(m) Ch~ptcr 8, Referenced St~nd~rd:J, i:J ~mended
by deleting ~ll reference:J ~nd cit~tion:J to the
BOCl'~ N~tion~l Building Code, BOCl'~ Mech~nic~l
Code, BOCI\. N~tion.J.l Plumbing Code .J.nd the BOCl'~
N.J.tion.J.l Fire Pre7ention Code. Ch~pter 8 i:J
further ~rnended by in:Jerting the follo~ing
l.J.ngu~ge: The Building Code, t1ech~nic~1 Code,
Plumbing Code ~nd Fire Pre7ention Code
incorpor~ted ~D p~rt of the BOC]" NPHC Dh~ll be
the 7erDionD of thoDe CodeD ~dopted by reference
in Hopkins City Code Section 400.03, Subd. 1 ~nd
Section 100.03, Subd. 2.
Section 101.1 Insert the name "City of Hopkins"
Section 102.3 In the first sentence, delete the
terms: "International Building Code,
International Plumbing Code,
International Mechanical Code..." and
replace with "Minnesota State Building
Code".
And, in the second sentence delete the
term "International Zoning Code" and
insert "Hopkins Zoning Ordinance".
Section 102.7 Revise the paragraph as follows: "The
codes and standards referenced in this
code shall be those that are listed in
Ch~pter 8 the Minnesota State Building
Code and considered part of the
requirements of this code to the
prescribed extent of each such
reference. Where differences occur
between provisions of this code and the
referenced ot~nd~rdo, the pro7ioiono of
thio code oh~ll ~pply the Minnesota
State Building Code, the most
restrictive shall apply.
Section 103 Delete sections 103.1, 103.2, 103,3,
and 103.6 in their entirety.
Section 106.2 Delete the term "Section 107" and
insert "Section 355 or Section 405.05
of the Hopkins City Code".
Section 106.3 Delete the term "Section 107" and
insert "Section 355 or Section 405.05
of the Hopkins City Code".
Section 106.4 Delete in its entirety.
Section 107 Delete in its entirety.
Section 108.3 Delete the two references to "Section
107.3" and insert "Section 355 or
Section 405.05 of the Hopkins City
Code" .
Section 109 Delete in its entirely.
Section 110.1 In the first sentence delete the term
"shall" and replace with the term
"may" .
Section 110.2 Delete the term "Section 107" and
insert the term "Section 355 or Section
405.05 of the Hopkins City Code".
Section 201.3 Delete the terms "International
Building Code, International Fire Code,
International Zoning Code..." and insert
"Minnesota State Building Code,
Minnesota State Fire Code, and the
Hopkins Zoning Ordinance".
Section 202 Amend as follows "Code Official. The
official who is charged with the
administration and enforcement of this
code, or any duly authorized
representative. For the purposes of
this Code, the Code Official shall be
the Building Official of the City of
Hopkins."
Section 302.4 Delete in its entirely,
Section 302.7.1 Delete in its entirety.
Section 302.7.2 Delete in its entirety.
Section 302.8 Delete in its entirety.
Section 302.9 Delete in its entirety,
Section 303.3 Delete in its entirety.
Section 303.6 Amend by deleting the entire provision
and inserting the following language:
"Exterior Walls. All exterior walls
shall be free from holes, breaks, loose
or rotting materials; and maintained
weatherproof and properly surface
coated where required to prevent
deterioration. Without limiting the
generality of this section, a
protective surface of a building shall
be deemed to be out of repair if: a)
The protective surface is paint which
is blistered or peeling to an extent of
more than twenty-five percent (25%) of
the area of any plane or wall or other
area including window trim, cornice
members, porch railings and other such
areas; b) More than twenty-five percent
(25%) of the finish coat of a stucco
wall is worn through or chipped away,"
Section 303.14 Amend by inserting the following dates
"May 1" and October 1" and revise the
end of the last sentence as follows:
"...and every 8',Jinging screen door used
for insect control shall have a self-
closing device in good working
condition."
Section 305
Delete in its entirety. (Note: Covered
by City Code section 605.)
Section 401.3 Delete the term "International Building
Code" and insert the term "Minnesota
State Building Code",
Section 403.3 Add a second exception as follows:
"For purposes of this section, devices
such as coffee pots, microwave ovens,
hot air popcorn poppers, and similar
appliances shall not be considered as
cooking appliances. Hot plates,
electric fry pans, toasters, slow
cookers, and similar appliances are not
permitted."
Section 404.2 Replace the dimension "3 feet" with
"thirty (30) inches".
Section 404.4 Delete the current sentence and insert
the following language: "Bedroom and
Living Room Requirements. Every
bedroom and living room shall comply
with the requirements of Sections
404.4.1 through 404.4.5."
Section 404.4.1 Delete the current sentence and
insert the following language: "Room
Area. Every living room shall contain
at least 120 square feet and every
bedroom shall contain at least 70
square feet."
Section 404.5 Delete the section and insert the
following language: "The number of
persons occupying a dwelling unit shall
not create conditions which, in the
opinion of the building official,
endanger the life, health, safety, or
welfare of the occupants".
Table 404.5, Sections 404.5.1 and 404.5.2
their entirety.
Delete in
Section 502.4 and 502.4.1
entirety.
Delete in their
Section 503.3 Delete in its entirety.
Section 505.1 Delete the term "International Plumbing
Code" and insert the term "Minnesota
State Plumbing Code."
Section 602.2 Amend the first sentence by
deleting the numbers "65" and "18"
and inserting the numbers "68" and
"19" and delete everything after
the phrase "toilet rooms based on"
and insert "a winter outdoor
design temperature of minus 12
degrees Fahrenheit."
Section 602.3 Amend the first sentence by
inserting the following dates in
the brackets: October 1, May 15
and by deleting the numbers "65"
and "18" and inserting the numbers
"68" and "19".
Section 602.3 Amend the exception by deleting
the words "the winter outdoor
design temperature for the
locality" and inserting "minus 12
degrees Fahrenheit" and by
deleting the last sentence.
Section 602.4 Amend the first sentence by
inserting the following dates in
the brackets: October 1 May 15
Section 604.2 Amend by deleting the term "ICC
Electrical Code" in the first
sentence and insert "State
Electrical Code".
Section 702.2 Amend by deleting the term
"International Fire Code" and
inserting the term "Minnesota
Stat~ Fire Code".
Section 702.3 Amend by deleting the term
"International Building Code" and
inserting the term "Minnesota
State Building Code".
Section 702.4 Amend by deleting the term
"International Building Code" and
inserting the term "Minnesota
State Building Code".
Section 704.2 Amend by deleting the term
"International Fire Code" and
inserting the term "Minnesota
State Fire Code".
Subd. 3. Where there is any conflict between the
provisions of the BOCl', NPNC IPMC and any other
applicable code or ordinance enforced by or in the
City of Hopkins, the more restrictive provisions shall
apply.
Subd. 4. Nothing in Section 405.07 or in the BOG', NPNC
IPMC hereby adopted shall be construed to affect any
suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or
causes of action acquired or existing, under any other
code or ordinance enforced by or in the City of
Hopkins, nor shall any just or legal right or remedy
of any character be lost, impaired or affected By
Section 405.07.
405.03. Dofinitiono. For thc purpo8c of thiD Scction ~nd
Scction 107, the follmdng tcrmD 8h~11 mc~n:
Subd. 1. "InDpcction" mc~nD inDpcction of 8tructurc8,
prcmi8c8, d~clling unit8 or propcrty by the Codc
Offici~l or hiD dC8igncc.
405.05. Compliance. Subd. 1. The City Manager shall
designate the Code Offici~l building official to administer
and to enforce the provisions of this Chapter. The Ge6e
Offici~l building official is authorized to inspect the
premises on a scheduled basis and/or when reason exists to
believe that a violation of this Chapter has been
committed.
Subd. 2. Whenever the Codc Offici~l building official
determines that a premises fails to meet any provision
of the BOe?\. NPHC IPMC, the Codc Offici~l building
official may issue a Compliance Order setting forth
the violations and ordering the owner or the owner's
agent or the occupant to correct such violations. The
Compliance Order shall:
(a) Be in writing;
(b) Describe the location and nature of the
violations of the Bocn NPHC IPMC and refer to
the specific provisions violated;
(c) Specify a time in which violations must be
corrected;
(d) Set forth the procedures by which to appeal
the Compliance Order;
(e) Be served in the following manner:
(i) For residential rental premises, service
shall be sufficient on the owner or the
owner's agent by mailing the notice by first
class mail to the address on file pursuant
to Section 407. Service shall be sufficient
on the occupant of residential rental
premises if personally served, posted in a
conspicuous place on or about the premises
or mailed to the occupant by first class
mail to the occupant's last known residence;
(ii) For all premises other than residential
rental, service shall be sufficient on the
occupant if personally served, posted in a
conspicuous place on or about the premises
or mailed to the occupant by first class
mail to the occupant's last known address.
Service shall be sufficient on the owner or
the owner's agent by mailing the notice by
first mail to the address on record with the
County or City tax and/or assessment office
identifying the party responsible for paying
the taxes for the premises.
405.07. Appcalo. Subd. 1. ~ny per80n i08ued ~ Compli~nce
Order m~y ~ppe~l the Compli~nce Order by filing ~n ~ppe~l
\d th the City Clerk. The ~ppe~l mU8t be in ',lri ting ~nd muot
be filed ',d th the City Clerk \d thin fourteen (14) d~yo of
the d~te of the Compli~nce Order.
Subd. 2. The City Council oh~ll conduct ~ he~ring for
e~ch ~ppe~l ~;ith the he~ring to be held no l~ter th~n
the 8econd regul~rly 8cheduled City Council meeting
follo~ing the d~te the ~ppe~l i8 filed, unleoo the
~ppell~nt ~nd the City Council ~gree to ~ l~ter d~te,
Subd. 3. The ~ppell~nt, the ~ppell~nt'o
repreoent~ti~e, the Code Offici~l ~nd ~ny other peroon
',;ho' 0 intere8t8 ~re ~ffected by the Compli~nce Order
oh~ll be gi~en ~n opportunity to be he~rd.
Subd. 4. Compli~nce .,;i th the Compli~nce Order i8
ot~yed pending the Council'8 deci8ion except ~o
pro7ided in Section 405.09.
Subd. 5. The City Council oh~ll render ~ ',;ritten
opinion no l~ter th~n the third regul~rly 8cheduled
Ci ty Council meeting follmling the ]',ppe~l He~ring. ]',
copy of the deci8ion oh~ll be 8er~ed upon the
~ppell~nt in the m~nner 8et forth in Section 405.05,
Subd. 2 (e) ,
405.09. Emergency Cases, When the Code Offici~l building
official determines that a violation of this Section
constitutes an imminent peril to life, health, safety or
property and there does not exist sufficient time to follow
the procedures set forth in Section 405,05, the Geee
Offici~l building official may take appropriate action to
correct the violation by the procedure set forth below.
Subd. 1. Order by City Manager. The Code Offici~l
building official shall obtain from the City Manager
or the City Manager's designated representative, a
written Administrative Order directing the Geee
Offici~l building official to correct the emergency
situation. A good faith effort shall be made to inform
the owner, the owner's agent or the occupant that the
action is being taken.
Subd. 2. Notice of the Correction. After the
corrective action has been taken and the costs of such
action have been determined, the Code Offici~l
building official shall serve the owner, the owner's
agent or the occupant with a notice of the action,
which shall contain the following information:
(a) A description of the emergency circumstances;
(b) The corrective action taken by the City;
(c) The cost incurred in correcting the
emergency;
(d) The City's intent to assess some or all of
the costs against the corrected property, and;
(e) A statement that the owner, the owner's agent
or the occupant may request a hearing with the
City Council to review the Code Offici~l building
official's actions and the possible assessment of
costs. The request for hearing shall be in
writing and submitted to the City Clerk within
fourteen (14) ten (10) working days of the date
of the notice.
Subd. 3. Hearing Date. The City Council 8h~11 conduct
~ he~ring no l~ter th~n the third regul~rly 8cheduled
City Council meeting folloHing the d~te the ~ppe~l i8
filed. In the event that the owner files a request
for a hearing with the City Clerk, the City Council
shall within three weeks fix a date for a public
hearing.
Subd. 4, Hearing. The appellant, the appellant's
representative, the Code Offici~l building official
and any other person who's interests are affected by
the Compliance Order shall be given an opportunity to
be heard.
Subd. 5. Written Opinion. The City Council shall
render a written opinion no later than the third
regularly scheduled City Council meeting following the
Appeal Hearing, The City Council may adopt a
resolution levying an assessment for all or a portion
of the costs incurred in correcting the emergency. A
copy of the decision and the resolution shall be
served upon the Appellant in the manner set forth in
Section 405.05, Subd. 2(e).
405.11. Penalties. A person who violates the provisions of
Section 405 or 407 io guilty of may be charged with a
misdemeanor or be subject to the issuance of an
administrative citation as provided in section 355. Each
day that a violation continues shall be deemed a separate
offense. The Codc OfficiQl building official may post the
premises by appropriate signs or notices prohibiting
occupancy, and may act to cause the premises to be vacated
or remain vacant until the Code violations are corrected.
(Section 405 was amended in its entirety by Ord. #95-763
and Ord. #95-764. Ord. #95-764 created Section 407)
Section 3. The effective date of this ordinance shall be
the date of publication.
First Reading: December 17, 2002
Second Reading: January 7, 2003
Date of Publication: January 16, 2003
Date Ordinance Takes Effect: January 16, 2003
~/~~~
Gene Maxwell, Mayor
APP~(fi;~
Ci~Attorney Signature
LEGALITY:
CPA/VI( 4# ! 5~ ;(60 "J
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